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Opponents say special-session timetable and late language undercut public notice and due process
Summary
Multiple House members, led by the minority, argued that late substantive amendments and a shortened public-comment timeline undermined statutory deadlines and denied meaningful public review of ballot language; majority managers said public testimony was accepted and voters make the final call.
Critics on the House floor repeatedly objected to the timeline and amendments used during the special session, focusing on a clause opponents call the "magic eraser" that inserts "notwithstanding any other provision of law" into the constitutional question. Opponents said the insertion effectively removes existing statutory deadlines and a 15-day public comment window for constitutional ballot measures.
"That's a pretty big deal," one delegate said on the floor, arguing the language nullifies current law and due-process protections for voters. The minority argued that the special session had been called for a narrow purpose and that the legislature had bypassed statutory timing requirements that protect overseas voters and others.
Majority speakers, including the committee chair, responded that the legislature provided notice of the special session, took written and oral testimony (93 written, 51 oral) and that the ultimate decision rests with voters in November. The chair said the drafting and public input process was conducted and that courts will ultimately adjudicate any legal disputes.
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